The Supreme Court of Pakistan has ordered that the provisional elections in Punjab and Khyber Pakhtunkhwa should be held within ninety days after the dissolution of the assembly. Pakistan traditionally holds the provincial and national elections together and ruling PDM were also trying the delaying tactics to hold provincial and national elections together. The general polls are due by October this year. The supreme court order may cut this tradition short this time around.
The top court noted that “Parliamentary democracy is one of the salient features of the constitution. There can be no parliamentary democracy without parliament or the provincial assemblies … Elections, and the periodic holding of elections, therefore, underpin the very fabric of the constitution,”.
When the election commission of Pakistan failed to announce the dates for polls in Punjab and Khyber Pakhtunkhwa, governor Punjab rescued himself saying that he never dissolved the Punjab assembly and was not supposed to announce election date.
The KP governor who signed the dissolution of KP assembly was supposed to announce elections in his province but the illogical and un-constitutional act from his side for not calling the dates led to the constitutional crises in the country.
Democracy prevailed by the intervention of the supreme court as the ruling parties were stubborn to delay the elections in 2 provinces. The PTI, coincidently remains the only opposition party, calling for elections in two provinces and calling the federal government to step down and call fresh elections across the country.
The intervention of the supreme court on crucial matters was hailed by different analysts, all eyes were on the supreme court regarding the presidents Arif Alvi’s orders for election date in Punjab and Khyber Pakhtunkhwa. The court ruled in favour of the president for Punjab polls where the governor has not dissolved the assembly where as directed Governor KP to announce election dates as soon as possible.
Today’s supreme court verdict is seen as a victory of the constitution of Pakistan as per constitution The five-member top court bench, led by Chief Justice Umar Ata Bandial, gave a split 3-2 decision.
Khyber Pakhtunkhwa Governor Haji Ghulam Ali, despite signing the dissolution order on January 18, failed to declare a poll date, which the supreme court said was a “breach of his constitutional responsibility”. It is to be seen if the PTI again goes to court against the KP governor.
The election commission of Pakistan was bound to call the election date which he failed and these types of matters should be resolved by the parliament. The supreme court again was used to preserve the democracy and constitution which was again on the brick of burial by the stubborn and elite rulers.
When President of Islamic republic of Pakistan announced the election dates in Punjab and Khyber Pakhtunkhwa, the supreme court of Pakistan tool the so-moto of the order and ordered that elections must be held within 90 days